FAO No.2387 of IN THE HIGH COURT OF PUNJAB AND HARYANA MANITA Vs SMT. KAMLA AND OTHERS CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Ms. Sunit Shekhawat for Mr. Ashish Gupta, Advocate and Mr. Shivam, Advocate for respondent Nos.1 to 4. Mr. Sanjeev Kodan, for respondent No. HARKESH MANUJA, J. [1]. By way of present appeal, challenge has been laid to an award dated 11.04.2023 passed by the learned Motor Accident Claims Tribunal, Nuh (for brevity, “the Tribunal”), whereby compensation to the appellant/ Brief Facts [2]. A claim petition came to be filed before the Ld. Tribunal, praying for grant of compensation to the tune of Rs. along with the interest @ 24% per annum on vehicular accident which took place on 16.03.2018 while alleging rash and negligent driving of respondent No. [3]. Learned Tribunal after appraisal of evidence and record held that the accident occurred due to rash of 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. Date of Reserve: Date of Decision: KAMLA AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJ Ms. Sunit Shekhawat, Advocate for the appellant. Mr. Ashish Gupta, Advocate and Mr. Shivam, Advocate for respondent Nos.1 to 4. Mr. Sanjeev Kodan, Advocate for respondent No.7/Insurance Company. **** HARKESH MANUJA, J. By way of present appeal, challenge has been laid to an award dated 11.04.2023 passed by the learned Motor Accident Claims Tribunal, Nuh (for brevity, “the Tribunal”), whereby an amount of compensation to the appellant/claimant along with interest @ A claim petition came to be filed before the Ld. Tribunal, praying for compensation to the tune of Rs.40,00,000/ along with the interest @ 24% per annum on vehicular accident which took place on 16.03.2018 while alleging rash and igent driving of respondent No.5-driver. Learned Tribunal after appraisal of evidence and record held that the accident occurred due to rash and negligent driving of respondent No. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2387 of 2023 (O&M) Date of Reserve: 08.05.2025 Date of Decision: 24.06.2025 ......Appellant(s) ....Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA /Insurance Company. By way of present appeal, challenge has been laid to an award dated 11.04.2023 passed by the learned Motor Accident Claims Tribunal, Nuh (for an amount of Rs. 20,44,400/- was awarded as claimant along with interest @ 6% per annum. A claim petition came to be filed before the Ld. Tribunal, praying for 40,00,000/- (Rupees forty lakhs only) along with the interest @ 24% per annum on account of death of Pawan in a vehicular accident which took place on 16.03.2018 while alleging rash and Learned Tribunal after appraisal of evidence and record held that the igent driving of respondent No.5/ driver and 1 By way of present appeal, challenge has been laid to an award dated 11.04.2023 passed by the learned Motor Accident Claims Tribunal, Nuh (for d as A claim petition came to be filed before the Ld. Tribunal, praying for (Rupees forty lakhs only) account of death of Pawan in a vehicular accident which took place on 16.03.2018 while alleging rash and Learned Tribunal after appraisal of evidence and record held that the 5/ driver and MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of after assessing income of deceased @ Rs. person and making deducting of 1/4th towards personal expenses, awarded compensation in the following manner: S.No 1. 2. 3. 4. Further, liability was jointly and severely fastened upon the driver; the owner and the I be disbursed in the following manner: Petitioner No. 1 (mother of deceased) Petitioner No. 2 (brother of deceased) Petitioner No. 3 (brother of deceased) Petitioner No. 4 (sister of deceased) Performa respondent No. 4(widow of deceased) [4]. Being appeal was preferred by the appellant for setting aside the compensa to respondent Nos. well as for enhancement. Facts as sp of 2023 (O&M) essing income of deceased @ Rs.8,000/ person and making deducting of 1/4th towards personal expenses, awarded compensation in the following manner: - S.No Heads of Claim Compensation Loss of Estate Funeral Expenses Loss of consortium @ Rs. 40,000/ to each petitioner and performa respondent No. 4 Total Further, liability was jointly and severely fastened upon the driver; the Insurance Company and the compensation amount was ordered to be disbursed in the following manner:- Petitioner No. 1 (mother of deceased) Petitioner No. 2 (brother of deceased) Petitioner No. 3 (brother of deceased) Petitioner No. 4 (sister of deceased) Performa respondent No. 4(widow of deceased) Being aggrieved against the award dated 11.04.2023, the present appeal was preferred by the appellant for setting aside the compensa to respondent Nos.1 to 4 and for release of entire compensation in her favour as well as for enhancement. Facts as specified in the claim petition about the manner 8,000/- per month being an able-bodied person and making deducting of 1/4th towards personal expenses, awarded Heads of Claim Amount (in Rs) Rs. 18,14,400 Rs. 15,000/- Rs. 15,000/- Loss of consortium @ Rs. 40,000/- to each petitioner and performa Rs. 2,00,000/- Rs. 20,44,400.00 Further, liability was jointly and severely fastened upon the driver; the ompany and the compensation amount was ordered to Petitioner No. 1 (mother of deceased) Rs. 9,44,400/- Petitioner No. 2 (brother of deceased) Rs. 2,00,000/- Petitioner No. 3 (brother of deceased) Rs. 2,00,000/- Petitioner No. 4 (sister of deceased) Rs. 2,00,000/- Performa respondent No. 4(widow of Rs.5,00,000/- aggrieved against the award dated 11.04.2023, the present appeal was preferred by the appellant for setting aside the compensation awarded 1 to 4 and for release of entire compensation in her favour as ecified in the claim petition about the manner 2 bodied person and making deducting of 1/4th towards personal expenses, awarded Amount (in Rs) 20,44,400.00 Further, liability was jointly and severely fastened upon the driver; the ompany and the compensation amount was ordered to aggrieved against the award dated 11.04.2023, the present tion awarded 1 to 4 and for release of entire compensation in her favour as ecified in the claim petition about the manner MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of of accident and the issue regarding negligence of the driver been recorded in favour of claimant brevity. Arguments [5]. Learned counsel for t that earning of the d running a shop in the village. It was further submitted that the above fact was duly proved from the deposition of the appella which was not rebutted by the respondent Nos. therefore, Ld. Tribunal went wrong while having assessed monthly income @ Rs.8000/- per month. Furthermore, it was submitted towards self expenditure by the deceased was on the higher side besides funeral expenses, loss of estate and loss of consortium also been assessed on the lower side. Ld. Counsel als of age and residing peacefully with their respective families; earning handsome income from their oc married and living with her family; they being not dependent on the deceased were thus not entitled for any compensation. [6]. On the other hand, learned coun Insurance Company submitted that there was no basis to assess th deceased as Rs. the PW-1, namely, Kamla and RW Tribunal in support. He thus submitted that the Tribunal, therefore, rightly assessed the income of the deceased. He further pointed out that Ld. Tribunal rightly deducted 1/4th as personal expenses. Learned counsel further submitted that in of 2023 (O&M) of accident and the issue regarding negligence of the driver been recorded in favour of claimants by the Ld. Tribunal, are not being repeated here for the sake of Learned counsel for the appellant assailed the award while submitting that earning of the deceased, was to the tune of Rs. running a shop in the village. It was further submitted that the above fact was duly proved from the deposition of the appellant as well as the mother of the deceased rebutted by the respondent Nos.5 to 7 by leading any evidence and therefore, Ld. Tribunal went wrong while having assessed monthly income per month. Furthermore, it was submitted towards self expenditure by the deceased was on the higher side besides funeral expenses, loss of estate and loss of consortium also been assessed on the lower side. Ld. Counsel also submitted that respondent Nos. of age and residing peacefully with their respective families; earning handsome income from their occupation besides respondent No. married and living with her family; they being not dependent on the deceased were us not entitled for any compensation. On the other hand, learned counsel representing respondent No. ompany submitted that there was no basis to assess th deceased as Rs.30,000/- per month as no evidence except the bare tes 1, namely, Kamla and RW-1, namely, Manita were available before the Tribunal in support. He thus submitted that the Tribunal, therefore, rightly assessed the income of the deceased. He further pointed out that Ld. Tribunal rightly ed 1/4th as personal expenses. Learned counsel further submitted that in of accident and the issue regarding negligence of the driver been recorded in by the Ld. Tribunal, are not being repeated here for the sake of he appellant assailed the award while submitting eceased, was to the tune of Rs.30,000/- per month as he was running a shop in the village. It was further submitted that the above fact was duly nt as well as the mother of the deceased 5 to 7 by leading any evidence and therefore, Ld. Tribunal went wrong while having assessed monthly income per month. Furthermore, it was submitted that deduction @ 1/4th towards self expenditure by the deceased was on the higher side besides funeral expenses, loss of estate and loss of consortium also been assessed on the lower o submitted that respondent Nos.2 and 3 being above 35 years of age and residing peacefully with their respective families; earning handsome cupation besides respondent No.4-sister of the deceased, been married and living with her family; they being not dependent on the deceased were sel representing respondent No. ompany submitted that there was no basis to assess the income of the per month as no evidence except the bare testimonies of 1, namely, Manita were available before the Tribunal in support. He thus submitted that the Tribunal, therefore, rightly assessed the income of the deceased. He further pointed out that Ld. Tribunal rightly ed 1/4th as personal expenses. Learned counsel further submitted that in 3 of accident and the issue regarding negligence of the driver been recorded in by the Ld. Tribunal, are not being repeated here for the sake of he appellant assailed the award while submitting per month as he was running a shop in the village. It was further submitted that the above fact was duly nt as well as the mother of the deceased 5 to 7 by leading any evidence and therefore, Ld. Tribunal went wrong while having assessed monthly income that deduction @ 1/4th towards self expenditure by the deceased was on the higher side besides funeral expenses, loss of estate and loss of consortium also been assessed on the lower 35 years of age and residing peacefully with their respective families; earning handsome sister of the deceased, been married and living with her family; they being not dependent on the deceased were sel representing respondent No.7- e income of the timonies of 1, namely, Manita were available before the Tribunal in support. He thus submitted that the Tribunal, therefore, rightly assessed the income of the deceased. He further pointed out that Ld. Tribunal rightly ed 1/4th as personal expenses. Learned counsel further submitted that in MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of facts and circumstances of the case, appellant and claimants were rightly compensated and [7]. Lear respondents being mother, brothers and sister of the deceased were dependent upon him and, therefore, Ld. Tribunal rightly accessed the amount of compensation in their favour, thereby calling for no interference in this present appeal. [8]. I have heard learned counsel for the parties and perused the paper book of the case. I find force in the appellant. Discussion Question of Income Assessed [9]. In the present case, in view of the statements of Manita (wife of deceased) and Kamla (mother of deceased) while deposing as RW respectively, it was submitted that the deceased was running a shop and earning Rs.30,000/ same was placed before the Tribunal in this regard. Accordingly, learned Tribunal assessed the monthly incom an able-bodied person and as such an unskilled labour. In this regard observations made by the Hon’ble Apex Court in Ltd.”, reported as absence of definite proof of income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into c the cause of the appellant. Relevant para from this judgment is reproduced hereunder: of 2023 (O&M) facts and circumstances of the case, appellant and claimants were rightly compensated and, thus the present appeal was liable to be dismissed. Learned counsel for respondent Nos respondents being mother, brothers and sister of the deceased were dependent upon therefore, Ld. Tribunal rightly accessed the amount of compensation in their favour, thereby calling for no interference in this present appeal. I have heard learned counsel for the parties and perused the paper book of the case. I find force in the arguments advanced by learned Counsel for the Question of Income Assessed In the present case, in view of the statements of Manita (wife of deceased) and Kamla (mother of deceased) while deposing as RW it was submitted that the deceased was running a shop and 30,000/- per month, although no documentary evidence to support the same was placed before the Tribunal in this regard. Accordingly, learned Tribunal assessed the monthly income of deceased @ 8000/ bodied person and as such an unskilled labour. In this regard observations made by the Hon’ble Apex Court in “Kubra Bibi vs. Oriental Insurance Co. reported as 2023(3) Apex Court Judgments absence of definite proof of income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into c the cause of the appellant. Relevant para from this judgment is reproduced facts and circumstances of the case, appellant and claimants were rightly thus the present appeal was liable to be dismissed. ned counsel for respondent Nos.1 to 4 submitted that the respondents being mother, brothers and sister of the deceased were dependent upon therefore, Ld. Tribunal rightly accessed the amount of compensation in their favour, thereby calling for no interference in this present appeal. I have heard learned counsel for the parties and perused the paper arguments advanced by learned Counsel for the In the present case, in view of the statements of Manita (wife of deceased) and Kamla (mother of deceased) while deposing as RW-1 and PW it was submitted that the deceased was running a shop and, thus was per month, although no documentary evidence to support the same was placed before the Tribunal in this regard. Accordingly, learned Tribunal e of deceased @ 8000/- per month considering him as bodied person and as such an unskilled labour. In this regard observations “Kubra Bibi vs. Oriental Insurance Co. 2023(3) Apex Court Judgments (SC) 23, to the effect that in the absence of definite proof of income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration may help the cause of the appellant. Relevant para from this judgment is reproduced 4 facts and circumstances of the case, appellant and claimants were rightly 1 to 4 submitted that the respondents being mother, brothers and sister of the deceased were dependent upon therefore, Ld. Tribunal rightly accessed the amount of compensation in I have heard learned counsel for the parties and perused the paper- arguments advanced by learned Counsel for the In the present case, in view of the statements of Manita (wife of 1 and PW-1 , thus was per month, although no documentary evidence to support the same was placed before the Tribunal in this regard. Accordingly, learned Tribunal per month considering him as bodied person and as such an unskilled labour. In this regard observations “Kubra Bibi vs. Oriental Insurance Co. , to the effect that in the absence of definite proof of income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the onsideration may help the cause of the appellant. Relevant para from this judgment is reproduced MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of “7. and even in the absence of definite proof of the income, the social status the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration. The fact that the deceased had three dependents to be cared for and had clai mechanic, the amount payable to an unskilled labour, cannot be the basis and in that circumstance when he was a skilled person, the daily income at Rs.200/ from jee in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re evidence by the High Court is without being sens it.” [10]. Considering the facts of the present case, Manita (wife of deceased), while deposing as RW Rs.30,000/- per month, it cannot be denied he was maintaining his his wife as well as aged mother and was the only bread winner of his family. In such circumstances, assessing th would not be appropriate as in the given facts it would be proper in case the income of the deceased was assessed as Rs. 12,000/ a skilled labour. [11]. So far the contention made by Ld. Counsel for the appellant with regards to the deduction of one expenses was on the higher side, however, it seems reasonable and justified in view of law laid down by the Hon'ble Supreme Court in others vs. Delhi Transport Corporation and another,” (Civil) 77, wherein it was of 2023 (O&M) In a matter of the present nature where the compensation is sought and even in the absence of definite proof of the income, the social status the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration. The fact that the deceased had three dependents to be cared for and had clai mechanic, the amount payable to an unskilled labour, cannot be the basis and in that circumstance when he was a skilled person, the daily income at Rs.200/- per day in any event could have been taken even if the income from jeep transport business was discarded for want of documents. More so in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re evidence by the High Court is without being sens it.” Considering the facts of the present case, Manita (wife of deceased), while deposing as RW-1, stated that her husband was a shopkeeper and earning per month, it cannot be denied he was maintaining his his wife as well as aged mother and was the only bread winner of his family. In such circumstances, assessing the income of the deceased as Rs. would not be appropriate as in the given facts it would be proper in case the income of the deceased was assessed as Rs. 12,000/ a skilled labour. So far the contention made by Ld. Counsel for the appellant with regards to the deduction of one-fourth of the deceased's income towards personal enses was on the higher side, however, it seems reasonable and justified in view of law laid down by the Hon'ble Supreme Court in others vs. Delhi Transport Corporation and another,” , wherein it was held that in case the number of dependent family In a matter of the present nature where the compensation is sought and even in the absence of definite proof of the income, the social status the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration. The fact that the deceased had three dependents to be cared for and had claimed that he was working as a mechanic, the amount payable to an unskilled labour, cannot be the basis and in that circumstance when he was a skilled person, the daily income at per day in any event could have been taken even if the income p transport business was discarded for want of documents. More so in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re-appreciation of evidence by the High Court is without being sensitive to nature of lis before Considering the facts of the present case, Manita (wife of deceased), 1, stated that her husband was a shopkeeper and earning per month, it cannot be denied he was maintaining his family including his wife as well as aged mother and was the only bread winner of his family. In e income of the deceased as Rs.8000/- per month would not be appropriate as in the given facts it would be proper in case the income of the deceased was assessed as Rs. 12,000/- per month considering him as So far the contention made by Ld. Counsel for the appellant with fourth of the deceased's income towards personal enses was on the higher side, however, it seems reasonable and justified in view of law laid down by the Hon'ble Supreme Court in “Smt. Sarla Verma and others vs. Delhi Transport Corporation and another,” reported as 2009 (3) RCR held that in case the number of dependent family 5 In a matter of the present nature where the compensation is sought and even in the absence of definite proof of the income, the social status of the deceased is to be kept in perspective where such persons are employed in unorganized sector and the notional income in any event is required to be taken into consideration. The fact that the deceased had three med that he was working as a mechanic, the amount payable to an unskilled labour, cannot be the basis and in that circumstance when he was a skilled person, the daily income at per day in any event could have been taken even if the income p transport business was discarded for want of documents. More so in a circumstance, where the MACT had referred to the evidence available appreciation of itive to nature of lis before Considering the facts of the present case, Manita (wife of deceased), 1, stated that her husband was a shopkeeper and earning family including his wife as well as aged mother and was the only bread winner of his family. In per month would not be appropriate as in the given facts it would be proper in case the ering him as So far the contention made by Ld. Counsel for the appellant with fourth of the deceased's income towards personal enses was on the higher side, however, it seems reasonable and justified in “Smt. Sarla Verma and 2009 (3) RCR held that in case the number of dependent family MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of members were 4to 6, 1/4th would be deducted as personal expenses from the total income. Relevant para of the judgment is culled out as under: “30. and living expenses is calculated on the basis of units indicated in Trilok Chandra[(1996) 4 SCC 362], the general practice is to apply standardized deductions. Having considered several subsequent decisions of this Court, we are of the view that whe towards personal and living expenses of the deceased, should be one (1/3rd) where the number of dependent family members is 2 to 3, one fourth (1/4th) where the number of dependent family members is 4 to 6, one six.” Question of Compensation under Conventional Heads [12]. Furthermore, in view of the judgment of the Hon’ble Apex Court in Smt. Sarla Verma’s case others”, reported as Satinder Kaur @ Satwinder Kaur" awarded under conventional heads are also required to be re and respondent No compensation under h estate. Loss of consortium as appellant and respondent No siblings of deceased are also entitled for spousal, parental and siblings consortium. [13]. Now, the question arises how the compensation is to be distributed among the legal heirs. In t 1956 which clearly mentions about distribution of property among heirs in class I of the Schedule. The relevant section is stated hereunder: of 2023 (O&M) members were 4to 6, 1/4th would be deducted as personal expenses from the total income. Relevant para of the judgment is culled out as under: “30. Though in some cases the deduction to be made towards per and living expenses is calculated on the basis of units indicated in Trilok Chandra[(1996) 4 SCC 362], the general practice is to apply standardized deductions. Having considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one (1/3rd) where the number of dependent family members is 2 to 3, one fourth (1/4th) where the number of dependent family members is 4 to 6, one-fifth (1/5th) where the number of dependent family member exceeds six.” Question of Compensation under Conventional Heads Furthermore, in view of the judgment of the Hon’ble Apex Court in Smt. Sarla Verma’s case (supra), National Insurance reported as (2017) 16 SCC 680 and "United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur", reported as awarded under conventional heads are also required to be re and respondent Nos.1 to 4 being claimants are held entit compensation under head of funeral expenses and Rs. estate. Loss of consortium is assessed to the tune of Rs. llant and respondent Nos.1 to 4/ claimants being spouse, mother and siblings of deceased are also entitled for spousal, parental and siblings consortium. Now, the question arises how the compensation is to be distributed among the legal heirs. In this regard it is apt to follow The Hindu Succession Act, 1956 which clearly mentions about distribution of property among heirs in class I of the Schedule. The relevant section is stated hereunder: members were 4to 6, 1/4th would be deducted as personal expenses from the total income. Relevant para of the judgment is culled out as under: - Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra[(1996) 4 SCC 362], the general practice is to apply standardized deductions. Having considered several subsequent decisions of this Court, re the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one fourth (1/4th) where the number of dependent family members is 4 to 6, and fifth (1/5th) where the number of dependent family member exceeds Question of Compensation under Conventional Heads Furthermore, in view of the judgment of the Hon’ble Apex Court in National Insurance Co. Ltd vs Pranay Sethi & "United India Insurance Co. Ltd. v. , reported as (2021) 11 SCC 780 compensation awarded under conventional heads are also required to be re-assessed. Appellant 1 to 4 being claimants are held entitled to Rs.18,000/- ead of funeral expenses and Rs.18,000/- towards loss of is assessed to the tune of Rs.48,000 x 5 (Rs. 2,40,000/ 1 to 4/ claimants being spouse, mother and siblings of deceased are also entitled for spousal, parental and siblings consortium. Now, the question arises how the compensation is to be distributed his regard it is apt to follow The Hindu Succession Act, 1956 which clearly mentions about distribution of property among heirs in class I of the Schedule. The relevant section is stated hereunder:- 6 members were 4to 6, 1/4th would be deducted as personal expenses from the total sonal and living expenses is calculated on the basis of units indicated in Trilok Chandra[(1996) 4 SCC 362], the general practice is to apply standardized deductions. Having considered several subsequent decisions of this Court, re the deceased was married, the deduction third (1/3rd) where the number of dependent family members is 2 to 3, one- and fifth (1/5th) where the number of dependent family member exceeds Furthermore, in view of the judgment of the Hon’ble Apex Court in Co. Ltd vs Pranay Sethi & "United India Insurance Co. Ltd. v. compensation Appellant - as towards loss of x 5 (Rs. 2,40,000/-) 1 to 4/ claimants being spouse, mother and siblings of deceased are also entitled for spousal, parental and siblings consortium. Now, the question arises how the compensation is to be distributed his regard it is apt to follow The Hindu Succession Act, 1956 which clearly mentions about distribution of property among heirs in class I MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of “Section 10: Distribution of property among heirs in Schedule The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules: Rule the widows together, shall tak Rule shall each take one share. Rule deceased daughter of the intestate shall take between them one share. Rule [14]. In this regard it may be taken into account that from the material available on record it is evident that the appellant/widow did not remarry and had been residing in her parental house and solely dependent upon her parents in comparison to the mother of t respondent No. accordingly the appellant/widow is held entitled for 60% of the compensation amount whereas the respondent No.1 mother be granted the remaining 40%. It may be clarified here that the aforem consortium as all the claimants i.e. the appellant/widow as well as respondent Nos. 1 to 4 shall separately/individually be entitled for consortium in their favour. Especially, in the circum of 2023 (O&M) “Section 10: Distribution of property among heirs in Schedule The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules: Rule 1.―The intestates widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.―The heirs in the branch of each pre deceased daughter of the intestate shall take between them one share. Rule 4.―The distribution of the share referred to in Rule 3 (i) among the heirs in the branch of the pre be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre deceased sons gets the same portion; (ii) among the heirs in the branch of the pre shall be so made that the surviving sons and daughters get equal portions.” In this regard it may be taken into account that from the material available on record it is evident that the appellant/widow did not remarry and had been residing in her parental house and, thus in such circumstances wherein she is solely dependent upon her parents in comparison to the mother of t 1 who still has two other son to look upon for maintenance; accordingly the appellant/widow is held entitled for 60% of the compensation amount whereas the respondent No.1 mother be granted the remaining 40%. It may be clarified here that the aforementioned ratio of 60:40 would be minus the consortium as all the claimants i.e. the appellant/widow as well as respondent Nos. 1 to 4 shall separately/individually be entitled for consortium in their favour. Especially, in the circumstances wherein respond “Section 10: Distribution of property among heirs in class I of the The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:― The intestates widow, or if there are more widows than one, all e one share. The surviving sons and daughters and the mother of the intestate The heirs in the branch of each pre-deceased son or each pre deceased daughter of the intestate shall take between them one share. The distribution of the share referred to in Rule 3 among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre eceased sons gets the same portion; among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal In this regard it may be taken into account that from the material available on record it is evident that the appellant/widow did not remarry and had thus in such circumstances wherein she is solely dependent upon her parents in comparison to the mother of the deceased i.e. 1 who still has two other son to look upon for maintenance; accordingly the appellant/widow is held entitled for 60% of the compensation amount whereas the respondent No.1 mother be granted the remaining 40%. It may entioned ratio of 60:40 would be minus the consortium as all the claimants i.e. the appellant/widow as well as respondent Nos. 1 to 4 shall separately/individually be entitled for consortium in their favour. stances wherein respondent Nos.2 and 3 are major, having 7 class I of the The property of an intestate shall be divided among the heirs in class I of The intestates widow, or if there are more widows than one, all The surviving sons and daughters and the mother of the intestate deceased son or each pre- deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre- deceased daughter shall be so made that the surviving sons and daughters get equal In this regard it may be taken into account that from the material available on record it is evident that the appellant/widow did not remarry and had thus in such circumstances wherein she is he deceased i.e. 1 who still has two other son to look upon for maintenance; accordingly the appellant/widow is held entitled for 60% of the compensation amount whereas the respondent No.1 mother be granted the remaining 40%. It may entioned ratio of 60:40 would be minus the consortium as all the claimants i.e. the appellant/widow as well as respondent Nos. 1 to 4 shall separately/individually be entitled for consortium in their favour. 2 and 3 are major, having MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of their own independent source of livelihood besides that resp married and living happily and peacefully along with her husband. Conclusion [15]. In view of and respondent No.1 following manner Sr.No. 1. 2. 3. 4. 5. 6. 7. 8. 9. Thus, the appe Respondent No. compensation. of 2023 (O&M) their own independent source of livelihood besides that resp married and living happily and peacefully along with her husband. In view of the discussion made herein and respondent No.1 are held entitled for the grant of compensation following manner:- Sr.No. Nature Annual Income of Deceased Add 40% of Future prospects Total Income (Rs. 1,44,000 + Rs. 57,600) Deduction (1/4) Loss of Income after applying multiplier of 18 as per age of 25 years (1,51,200 x 18). Funeral Expenses Loss of Estate Total Compensation Amount Awarded by the Tribunal Enhanced Amount Thus, the appellant/widow is entitled for Rs.16,54,560/ Respondent No.1 i.e. Kamla, mother of deceased is entitled for Rs. their own independent source of livelihood besides that respondent No.4 also being married and living happily and peacefully along with her husband. herein above, the appellant/claimant entitled for the grant of compensation in the Amount in Rupees Annual Income of Deceased Rs. 1,44,000/- Add 40% of Future prospects Rs.57,600/- (Rs. 1,44,000 + Rs. 2,01,600/- Rs.50,400/- Loss of Income after applying multiplier of 18 as per age of Rs.27,21,600/- Rs.18,000/- Rs. 18,000/- Rs.27,57,600/- Rs.20,44,400/- Rs.7,13,200/- llant/widow is entitled for Rs.16,54,560/- and of deceased is entitled for Rs.11,03,040/- 8 4 also being /claimant in the Amount in Rupees and - as MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment FAO No.2387 of [16]. Similarly, the appellant/widow and respondent Nos. 1 to 4 shall be entitled for following amount of compensation as consortium: Sr.No. 1 2 3 4 5 [17]. The view of the observations made by the Hon’ble Supreme Court in and others Vs. National Insurance Company Limited and other, 513 approved in a subsequent judgment titled as Narayana Reddy and anot enhanced to 9% per annum on the amount of compensation awarded to claimants from the date of institution of claim petition till its realization. Needless to mention here that the amount of shall be deducted from the enhanced compensation. [18]. In view of aforesaid modification, the present appeal stands disposed of. Pending miscellaneous application(s) if any, shall also stand disposed of. June 24, 2025 Atik Whether speaking/reasoned Whether reportable of 2023 (O&M) Similarly, the appellant/widow and respondent Nos. 1 to 4 shall be entitled for following amount of compensation as consortium: Sr.No. Name/ Respondent No. Manita (widow)/Appellant Kamla (mother)/1 Yashwant (brother)/2 Surender (brother)/3 Geeta (sister)/4 The grant of interest @ 6% per annum is view of the observations made by the Hon’ble Supreme Court in and others Vs. National Insurance Company Limited and other, approved in a subsequent judgment titled as Narayana Reddy and another, 2014 (1) RCR (Civil) 443 enhanced to 9% per annum on the amount of compensation awarded to claimants from the date of institution of claim petition till its realization. Needless to mention here that the amount of compensation already paid to the claim shall be deducted from the enhanced compensation. In view of aforesaid modification, the present appeal stands disposed Pending miscellaneous application(s) if any, shall also stand disposed of. (HARKESH MANUJA) Whether speaking/reasoned Yes/No Whether reportable Yes/No Similarly, the appellant/widow and respondent Nos. 1 to 4 shall be entitled for following amount of compensation as consortium:- Name/ Respondent No. Consortium Amount Rs. 48,000/- Rs. 48,000/- Rs. 48,000/- Rs. 48,000/- Rs. 48,000/- per annum is not equitable and just view of the observations made by the Hon’ble Supreme Court in Smt. Supe Dei and others Vs. National Insurance Company Limited and other, (2009) (4) SCC approved in a subsequent judgment titled as Puttamma and others Vs. K.L. her, 2014 (1) RCR (Civil) 443, thus, the interest is enhanced to 9% per annum on the amount of compensation awarded to claimants from the date of institution of claim petition till its realization. Needless compensation already paid to the claimants shall be deducted from the enhanced compensation. In view of aforesaid modification, the present appeal stands disposed Pending miscellaneous application(s) if any, shall also stand disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 9 Similarly, the appellant/widow and respondent Nos. 1 to 4 shall be and just in Smt. Supe Dei (2009) (4) SCC Puttamma and others Vs. K.L. the interest is enhanced to 9% per annum on the amount of compensation awarded to the claimants from the date of institution of claim petition till its realization. Needless ants In view of aforesaid modification, the present appeal stands disposed MOHMED ATIK 2025.06.24 15:03 I attest to the accuracy and authenticiy of this order/judgment